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(영문) 서울동부지방법원 2015.11.26 2014고단2189
절도등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence Nos. 2, 3, 11, 12, 14, 18, 19 shall be made to the victims' names.

Reasons

Punishment of the crime

1. The Defendant, in whose name is unknown (one name B) and smartphones that were stolen or lost, gathered to export them to China. The Defendant purchased a stolen or lost mobile phone machine and delivered it to C, and C sent it to D again to D and sent it to China. The Defendant received KRW 20,000 per smartphones from a person whose name cannot be known.

On July 31, 2013, the Defendant, while aware of the fact that the market price that he/she acquired from G at the Defendant’s residence located in the 416th floor of the 4th floor of the building in Seongbuk-dong, Seoul, is about 220,000 won, was purchased in gallon-2 smartphone 1 cost, and was delivered in gallon-type.

In addition, from June 14, 2013 to July 31, 2013, the Defendant purchased smartphones over a total of 18 times from around June 14, 2013, and acquired stolen goods in the same way as indicated in the attached crime list.

2. At around 03:20 on July 30, 2013, the Defendant thief, at the “J” drinking house located in Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu I, drinked with K and talked with the victim, and divided conversations. The Defendant thiefeded one of LG option machine LTE2 smartphones with the market value equivalent to one million won, the victim’s market value on the table, which was on the table, was on the table.

Summary of Evidence

1. Each police interrogation protocol against the defendant, D, or C;

1. The police statement of K;

1. A H statement;

1. A copy of each L/M statement;

1. Statement of victim to N (written statement of telephone hearing);

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to data on replys to each door-to-door assignment, data on post office distribution, and data on CJ-based assignment;

1. Relevant Article 362(1) of the Criminal Act and Article 362(1) of the Criminal Act (the acquisition of stolen articles), Article 329 of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under Article 333(1) of the Criminal Procedure Act for return of victims (decision of sentence)

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